HomeMy WebLinkAbout3288 Regarding Bonds and Amending Section 2.44.010 Contractor Performance Bonds and Amending Section 3.46.080 Competitive Bidding Procedures of the Municipal CodOrdinance 3288
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ORDINANCE NO. 3288
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
REGARDING BONDS AND AMENDING SECTION 2.44.010 CONTRACTOR
PERFORMANCE BONDS AND SECTION 3.46.080 COMPETITIVE BIDDING
PROCEDURES OF THE PORT TOWNSEND MUNICIPAL CODE
RECITALS:
The City Council of Port Townsend finds as follows:
1. The Washington State Legislature modified the requirements for public works
projects performance bonds by allowing entities to waive bonds for limited public
works projects.
2. The Washington State Legislature also gave contractors the option to choose ten
percent retainage in lieu of providing bonds on public works projects with a value
of $150,000 or less.
3. The Port Townsend Municipal Code requires performance bonds on all public
works projects. This is inconsistent with the Washington state code.
NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as
follows:
Section 1. Port Townsend Municipal Code 2.44.010 Authorization is amended as set forth
below:
2.44.010 Authorization.
The city shall require performance bonds on all public works projects performed by private
contracts as required by Chapter 39.08 RCW, as it now reads or is later amended. The directorof
IlLiblic works„rmmll y warvemm grlbrniance bonds on limit d III blic wod sP.rgjects in accordance witli
1WW 39.04.155,....The contractor nia, t°a-bluest the city retain tcrr Ler c c mtat of llt contract amount in
lieuofPerformance and payment botidswhen authorized by RCW 3908.010., The city may
require performance bonds to help guarantee completion of any other types of contracts,
including but not limited to consulting contracts and contracts for delivery of supplies. The city
may also use bonds to guarantee completion of regulated activity or of projects that are subject to
permits, in which case the bond requirement shall be made a condition of project approval.
Section 2. Port Townsend Municipal Code 3.46.080(C) Competitive Bidding Procedures is
amended as set forth below:
Ordinance 3288
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C. Performance Bonds. A performance bond or other security shall be required on all public
works construction projects when required by it ^^^orlon~^ wit RCW 39.08.010 and .as
hereafter amended or RCW 39.04.155 as hereafter amended.
Section 3. Severability. If any sentence, clause, or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase or work of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force five days after the date
of itsu
p blication in the manner provided by law. Publication of this ordinance shall be by
summary thereof consisting of the title.
AD0111'ED by the C y Council of the City of Port Townsend, Washington, at a
meeting, thereof, held tliis d'ay,ol`April 2022.
Attest:
....... ........�- ----
Joanna Sanders, MMC
City Clerk
David J. Faber
Mayor
Approved as to form:
�cli _,.___ ........
City Attorney